Post on 23-Dec-2021
City of St. John’s PO Box 908 St. John’s, NL Canada A1C 5M2 www.stjohns.ca
Title: 120 Barnes Road, REZ2100004
Date Prepared: June 22, 2021
Report To: Committee of the Whole
Councillor and Role: Councillor Maggie Burton, Planning & Development
Ward: Ward 2
Decision/Direction Required: To consider a text amendment to the St. John’s Development Regulations to reduce the minimum rear yard in the Residential Downtown (RD) Zone.
Discussion – Background and Current Status: The City has received an application for an extension to an existing semi-detached dwelling at 120 Barnes Road. The property is zoned Residential Downtown (RD) and is within Heritage Area 3. The proposed extension is located at the rear of the dwelling and will extend east toward the property at 118 Barnes Road (see attached site plan).
Under the Development Regulations, the minimum rear yard for houses in the RD Zone is 6 metres. The suggestion to reduce the rear yard in the RD Zone was raised during the Envision St. John’s public consultations, as many properties downtown have rear yard less than 6 metres. This is an effort to match the regulations to the reality of downtown neighbourhoods.
Initially, a 3 metre rear yard was proposed, however the St. John’s Regional Fire Department recommend that rear yard should be no smaller than 3 metres, allowing safe access for firefighting and ensuring minimum separation between the backs of houses. If we set the standard at 3 metres, then with a 10% variance, the rear yard could be reduced to 2.7 metres, which is too small. Therefore, the proposed minimum rear yard in the Envision RD Zone is 3.5 metres. With a 10% variance, the smallest rear yard would be 3.15 metres, meeting the requirements of the Fire Department.
The applicant has asked that Council consider the amendment now, as the timelines for the approval of the Envision St. John’s Development Regulations are not finalized.
The text amendment was reviewed by development and engineering staff and there are no concerns. The proposed reduction in minimum rear yard from 6 metres to 3.5 metres would apply to all dwelling types in the RD Zone (duplex dwelling, semi-detached dwelling, single detached dwelling, and townhousing) in line with the Envision Development Regulations. In addition to the rear yard amendment, the proposed extension at 120 Barnes Road also requires a 10% variance to the minimum side yard requirement of 1.2 metres, which would be advertised alongside the amendment.
DECISION/DIRECTION NOTE
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Decision/Direction Note Page 2 120 Barnes Road, REZ2100004 Should Council consider the text amendment, it would be publicly advertised, then referred back to Council for consideration of adoption. While the amendment would apply to all properties in the RD Zone, notices would be mailed only to those property owners within a 150-metre radius of the subject property. Staff are not recommending a public meeting but Council may wish to have one. A Municipal Plan amendment is not required and therefore there will be no commissioner’s public hearing. Key Considerations/Implications:
1. Budget/Financial Implications: Not applicable.
2. Partners or Other Stakeholders: Neighbouring residents and property owners; anyone who owns or lives in a house in the RD Zone.
3. Alignment with Strategic Directions/Adopted Plans: St. John’s Strategic Plan 2019-2029 - A Sustainable City – Plan for land use and preserve and enhance the natural and built environment where we live.
4. Legal or Policy Implications: A text amendment to the St. John’s Development Regulations is required. The proposed reduction in the required size of a rear yard in the RD Zone meets the safety recommendations of the St. John’s Regional Fire Department.
5. Privacy Implications: Not applicable.
6. Engagement and Communications Considerations: Should the amendment proceed, public notice is required under Section 5.5 of the Development Regulations.
7. Human Resource Implications: Not applicable.
8. Procurement Implications: Not applicable.
9. Information Technology Implications: Not applicable.
10. Other Implications: Not applicable. Recommendation: That Council consider a text amendment to the St. John’s Development Regulations to reduce the minimum rear yard for all dwellings in the Residential Downtown (RD) Zone from 6 metres to 3.5 metres, and advertise the proposed amendment for public review and comment. Also, that Council advertise a proposed 10% variance for the side yard for the house extension at 120 Barnes Road. Prepared by: Ann-Marie Cashin, MCIP, Planner III – Urban Design & Heritage Approved by: Ken O’Brien, MCIP, Chief Municipal Planner
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Decision/Direction Note Page 3 120 Barnes Road, REZ2100004
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Decision/Direction Note Page 4 120 Barnes Road, REZ2100004 Report Approval Details
Document Title: 120 Barnes Road, REZ2100004.docx
Attachments: - 120 Barnes Road - Attachments.pdf
Final Approval Date: Jun 24, 2021
This report and all of its attachments were approved and signed as outlined below:
Ken O'Brien - Jun 23, 2021 - 7:35 AM
Jason Sinyard - Jun 24, 2021 - 4:17 PM
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95
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118116
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BARNES RD
MCDOUGALL ST
BELVEDERE ST
HOW
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BONAVENTURE AVE
CITY OF ST.JOHN'S
μ1:500
SUBJECT PROPERTY
DISCLAIMER: This map is based on current information at the date of production.
W:\Engwork\Planw\applications 2021\mpa2100004-120 barnes road.mxd
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St. John’s Development Regulations Section 10- Page | 16
10.6 RESIDENTIAL - DOWNTOWN (RD) ZONE (See Section 5.1.4 - Development Above the 190 Metre Contour Elevation) 10.6.1 Permitted Uses Residential:
(a) Accessory Building (subject to Section 8.3.6) (1995-06-09) (b) Bed and Breakfast (subject to Section 7.27) (1998-10-23) (2008-01-25) (c) Boarding or Lodging House (accommodating between five (5) and sixteen (16) persons) (1999-04-16) (d) Duplex Dwelling (e) Home Office (subject to Section 7.9) (1997-08-08)
(f) Semi-Detached Dwelling (g) Single Detached Dwelling (h) Subsidiary Apartment (i) Townhousing
Recreational:
(j) Park
Other: (k) Family Home Child Care Service (subject to Section 7.6) (2004-05-14)
10.6.2 Discretionary Uses (subject to Section 5.8)
(a) Adult Day Care Facility (subject to Section 7.3) (b) Day Care Centre (subject to Section 7.6) (c) Heritage Use
(d) Home Occupation (subject to Section 7.8) (e) Infill Housing (subject to Section 7.10) (f) Parking Lot (subject to Section 7.13) (g) Planned Unit Development (subject to Section 5.10.3)
(h) Private Park (2007-10-05) (i) Public Utility (j) Residential Retail Store (subject to Section 7.16) (1995-06-09) 10.6.3 Zone Requirements The following requirements shall apply to: (1) Bed and Breakfast: (subject to Section 7.27) (2008-01-25) The same requirements as established for the Dwelling types in this Zone. (1998-10-23) (2) Boarding or Lodging House: The same requirements as established for the Dwelling types in this Zone. RD
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RESIDENTIAL - DOWNTOWN (RD) ZONE10.6
St. John’s Development Regulations Section 10- Page | 17
(3) Duplex Dwelling: (a) Lot Area (minimum) 240 m2 (b) Lot Frontage (minimum) 12 m (c) Building Line (minimum) 0 m (d) Side Yards (minimum) Two of 1.2 m (1994-11-04) (e) Side Yard on Flanking Road (minimum 1.8 m (f) Rear Yard (minimum) 6 m (4) Semi-Detached Dwelling: (a) Lot Area (minimum) 140 m2 per Dwelling Unit (1997-03-07) (b) Lot Frontage (minimum) 14 m, 7 m per Dwelling Unit (c) Building Line (minimum) 0 m (d) Side Yards (minimum) Two of 1.2 m (e) Side Yard on Flanking Road (minimum) 1.8 m (f) Rear Yard (minimum) 6 m (5) Single Detached Dwelling: (a) Lot Area (minimum) 200 m2 (1994-11-04) (b) Lot Frontage (minimum) 8 m (1994-11-04) (c) Building Line (minimum) 0 m (d) Side Yards (minimum) Two of 1.2 m (1994-11-04)
(e) Side Yard on Flanking Road (minimum) 1.8 m (f) Rear Yard (minimum) 6 m (6) Townhousing: (a) Lot Area (minimum) 90 m2 per Dwelling Unit (b) Lot Frontage (minimum) 4.5 m per Dwelling Unit (c) Building Line (minimum) 0 m (d) Side Yard for End Unit Townhouses (min.) 1.2 metres (2002-07-05)
(e) Side Yard on Flanking Road (minimum) 0 m (f) Rear Yard (minimum) 6 m
(7) Day Care Centre in a non-residential Building: (a) Lot Size (minimum) 450 m2 (b) Lot Frontage (minimum) 15 m (c) Landscaping on Lot (minimum) Subject to Section 8.5.1 (1998-09-11) RD
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Rear Yard (minimum) 6 m
Rear Yard (minimum) 6 m
m(f) Rear Yard (minimum) 6 m
(f) Rear
(f)
(f) Rear Yard (minimum) 6 m